Fisher v. Metropolitan Life Insurance
Massachusetts Supreme Judicial Court
Contract, for money' had and received. After the former decision, reported 160 Mass. 386, the case was tried in the Superior Court, before Hopkins, J., who allowed a-bill of exceptions, in substance as follows.
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Contract, for money' had and received. After the former decision, reported 160 Mass. 386, the case was tried in the Superior Court, before Hopkins, J., who allowed a-bill of exceptions, in substance as follows. The plaintiff offered evidence tending to show that one William Bannigan was the duly authorized agent of the defendant to solicit insurance; that Bannigan had often solicited James G. Fisher, the husband of the plaintiff, to insure his life in the defendant company for the benefit of the plaintiff, which he refused to do; that thereafter Bannigan came to the plaintiff and asked her…
1Opinion of the CourtKnowlton, J.
The evidence at the former trial was substantially the same as that now before us, and the questions of law already decided in the case leave little open to the defendant on this bill of exceptions.
The exception to the refusal of the court to give the first two rulings requested by the defendant is covered by the former decision, in which it was said that, if the plaintiff “ was innocent of any fraudulent intent, and was deceh'ed by Bannigan and induced by his fraudulent representations to make the application, then she could rescind the contract of insurance when she discovered the fraud,…
2Cases cited1 opinion
- Fisher v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1894
3Cited by10 opinions
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Supreme Lodge Knights of Pythias v. NeeleyCourt of Appeals of Texas · 1911
- Metropolitan Life Insurance v. BowserIndiana Court of Appeals · 1898
- Farrow v. State Mutual Life InsuranceCourt of Appeals of Georgia · 1918
- McKay v. New York Life InsuranceCalifornia Supreme Court · 1899
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